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Pennsylvania Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can I bring charges against a man who has babies and abandons them?

He doesn’t inform women he has several children. He pretends he has one son, impregnates a women then leaves when it’s too late to abort. He has 8 kids by 7 different women n another one on the way! It’s a sport to him. The women are forced into single parenthood because he thinks it’s... Read more »

Peter N. Munsing answered on Aug 22, 2019

Being a serial philanderer is not a crime. However, there are child support enforcement mechanisms and if he has to pay enough bills that may get him to at least take preventative measures.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on

Q: In the state of PA ,Can I legally take my daughter from the father if we have no court order or custody established?

He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?

Kathryn Hilbush answered on Aug 18, 2019

I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Under what circumstances do bussiness an owners not have the right to call police for trespass

Mr. Ryan L Hyde answered on Aug 16, 2019

Probably going to need some context to answer that one. If someone is trespassing you can call the police. If your a retail shop and ipen for business you have to tell them to leave first, but if you dont feel safe you can call the police. Without context its hard to answer that question.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If I call 911 about my boyfriend hitting me does the state press charges or do I have too? What if I dont testify?

What if I choose not to testify? Will the charges be dropped?

Cary B. Hall answered on Aug 16, 2019

Once you call 911, the matter is out of your hands and you don't decide if a case will be prosecuted or not. If you later refuse to testify against him, however, the prosecution may decide to drop the case against your boyfriend -- or they might compel your testimony in court by subpoena and hold... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on

Q: If I've maxed out my prison sentence do I still owe court costs and fines?

Question above is self explanatory

Cary B. Hall answered on Aug 16, 2019

Probably yes, but it depends on what the court ordered at the time of your sentencing. Call the Clerk of Courts for the county in which you were sentenced.

Best of luck to you.

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Pa juvie aggravated assault charges against a police officer when video evidence shows that he ran past them

Cary B. Hall answered on Aug 13, 2019

And your question is? Sounds like you should have your attorney review the video with the assistant district attorney and talk about having the case dismissed . . . .

Best of luck to you.

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1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: If I'm afraid my husband might hurt me, should I put it in writing to my family members/friends?

Penelope A. Boyd answered on Aug 8, 2019

If you are afraid your husband may hurt you, you should contact your local domestic violence program immediately. Find out your options and make a plan for your own safety. You may be eligible for a Protection from Abuse order or be able to take other action to protect yourself.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: 1. Under NJ law is the u-haul company itself defined as a cargo carrier?

I narrowed an overdue rental and was charged with receiving stolen property 3rd degree and unauthorized use although I was not the renter.

Cary B. Hall answered on Aug 6, 2019

If you want an answer about New Jersey law, I suggesting posting your question in the New Jersey section -- not Pennsylvania.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: How can I keep a 19 year old boy away from my 15 year old daughter. The police said I can’t do anything.

Cary B. Hall answered on Aug 4, 2019

Sounds like the police are being lazy and don't want to get involved. Have you tried contacting the 19 y.o.'s parents?

More importantly, have you laid down the law with your daughter? You can't control the rest of the world, but you can certainly have influence over your own children....
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If someone is highly medicated because of mental health issues and is badgered into signing it, is it legal

This girl was pulled over and her boyfriend was taken somewhere while she was brought back to her apartment and she's on a lot of medication and is borderline retarded when she's on them then the cops yelled at her about never seeing her kids again and being locked up for 20yrs unless she signed a... Read more »

Cary B. Hall answered on Aug 2, 2019

Sounds like she needs to hire an attorney, and fast.

Best of luck to her.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: How long after pfa is withdrawn can someone get their weapons back that were relinquished?

Cary B. Hall answered on Aug 2, 2019

Immediately. The respondent should contact the local police (or whoever has the relinquished firearms) and arrange for pick-up. Have a copy of the court docket which notes that the PFA was withdrawn.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: What does code 18SS30502SSA3 mean?

Cary B. Hall answered on Aug 1, 2019

Usually "ss" means "section" or "subsection." It's probably Title 18 ("Crimes & Offenses") of the Pennsylvania Consolidated Statues, but there's no section 30502 in that -- that's too big a number. Section 3502, however, is "Burglary," and subsection (a)(3) reads:

"(a) Offense defined....
Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Pennsylvania on

Q: In regards to the previous question of minimum requirements of due process, at a local level

More specifically, a municipality. To be quite forward, under notice fairly given.

Any attempt to extract fees, or prosecute for said fees, under a non dangerous, non moving violation such as a parking ticket. The ticket would be considered a first step in legal procedure correct? And must... Read more »

Mr. Ryan L Hyde answered on Jul 26, 2019

I think I get the gist of your question this time. The ticket is not evidence against you it is simply notice that you have committed a violation. On that ticket is information about what you need to do to challenge that violation. The ticket does not assign a value for a penalty it merely puts... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on

Q: Are there minimum requirements of due process? If so, what are the minimum requirements for due process to be satisfied?

Mr. Ryan L Hyde answered on Jul 26, 2019

Yes, there are minimum requirements of Due Process. What that means is almost entirely impossible to explain in this format. There are hundreds of articles written on this on the internet. If you have a specific context it would be much easier to address and give you a more productive answer.... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Legal Malpractice for Pennsylvania on

Q: Can I take my daughter legally from the father if we have no court order or custody established?

Cary B. Hall answered on Jul 23, 2019

"Legally," there's nothing (yet) preventing you from doing so . . . or from him snatching your daughter from YOU. What's good for the goose is good for the gander. And that's why your best bet is to file a custody action and get a court order outlining who has custody, and when, to prevent these... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and White Collar Crime for Pennsylvania on

Q: Do I have a right Pennsylvania to audio record what is said in the Confessional without telling the Catholic Priest?

I have been expecting corruption involving Law

Enforcement and Catholic leadership since

April 2nd, 2012 and am experiencing obstruction of Justice on many levels.

A team of us are addressing this, while operating under the Authority of Catholic Bishop Joe Coffey in the... Read more »

Cary B. Hall answered on Jul 17, 2019

Pennsylvania is one of twelve states that upholds two-party consent for communications recording. To secretly record a conversation with consent from only one party in Pennsylvania is therefore illegal.

Sorry.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Pennsylvania on

Q: Who can help me with my case? I think I need to counsel of my own.

My son was physically abused by my stepfather. He waived his preliminary hearing and I am trying to get a PFA. The lawyer that they gave me to assist does not seem to be much help. My stepfather's lawyer stated that they will work with us on the PFA if I do not crucify he at the criminal hearing.... Read more »

Cary B. Hall answered on Jul 16, 2019

Contact MidPenn Legal Services at (717) 848-3605 - that's your local York Co. legal aid organization.

You can also connect with a local attorney through the York Co. Bar Association. See further details at https://www.yorkbar.com/page/YCBAAC.

Best of luck to you.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: I am being charged w/ unlawful use of a motor vehicle by my ex-husband. What would be the amount of the fine if guilty ?

I was given permission to use his vehicle & he then changed his mind only because he did not believe I was going where I told him. I was then sent messages threatening to turn me in for stealing his car. I had the car for 50 hrs to go away with family for a weekend. I was even allowed to use his... Read more »

Steven Pacillio answered on Jul 16, 2019

"Unauthorized use of automobiles and other vehicles" is found at 75 Pa.C.S. § 3928.

It is a misdemeanor of the second degree in PA which means you face a statutory maximum of 2 years of incarceration and/or a fine of up to $5,000.

Anytime you are facing criminal charges is it...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Being charged with check fraud, police said I will get a court date in mail in 2 weeks. Is this a felony, misdemeanor?

Was not arrested, just interviewed. Why no bail or arrest? Just a court date in mail? What type of charges can this be?

Cary B. Hall answered on Jul 15, 2019

It could be a felony (like forgery) or a misdemeanor (theft, for example), but you'll probably be charged with both in the form of several charges. Your case will start in one of the Magisterial District Courts, and then progress its way up to the Court of Common Pleas of whatever county. You'll... Read more »

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